MONIKA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally by consent of learned counsel for the parties.

(2.) On the report of the non-applicant No. 2/informant dtd. 17/2/2021 a crime bearing No. 148/2021 has been registered at Rajapeth, Police Station, Amravati for the offences punishable under Ss. 363, 364(A), 201, 212 read with Sec. 120 B of the Indian Penal Code and under Sec. 75 of Juvenile Justice (Care and Protection of Children Act) 2005. The applicant is arrayed as accused No. 1 in the Crime with ten other accused. The applicant and Informant/non-applicant No. 2 have made this joint application under Sec. 482 of the Code of Criminal Procedure and prayed that in view of the settlement arrived at between them the First Information Report dtd. 17/2/2021 vide Crime No. 148/2021 for the above offences be quashed and set aside. The accused No. 2 is the sister of the applicant/accused No. 1. The boy who was kidnapped pursuant to the conspiracy by the accused is the grandson of the Jaswantraj Luniya. After death of first wife of Jaswantraj Luniya on 29/5/2010, Jaswantraj on 19/2/2011 married with the applicant/accused No. 1 at Ahmadnagar. After marriage, she came to reside with Jaswantraj Luniya at Amravati. The accused No. 2 who is the sister of the applicant and other relatives visited the house of Jaswantraj Luniya. The parents of the applicant/accused No. 1 and accused No. 2 are not financially well off. Jaswantraj is agriculturist as well as doing business. He is financially well off.

(3.) Vikas, Ankit and Mukesh are the married sons of Jaswantraj Luniya. Shraddha is a wife of Mukesh. The four years old kidnapped boy Nayan is the son of Mukesh and Shraddha.